The following Construction practice note provides comprehensive and up to date legal information covering:
This Practice Note looks at how an agreement for lease with development obligations may require the landlord to remedy defects in the works. It also looks at whether adjudication under the Housing Grants Construction and Regeneration Act 1996 (HGCRA 1996) applies to agreements for lease, and looks at other ways in which the landlord and tenant may resolve disputes under an agreement for lease.
Defects in the works, to a greater or lesser extent, are a feature of most construction projects. Very minor defects will be dealt with by a ‘snagging list’, which may be rectified after practical completion, but there may also be serious defects, whether in the design or construction, which can threaten the entire structural integrity of the building. Some ‘patent’ defects will be obvious before practical completion and the contractor will be required to rectify them before a practical completion certificate is awarded (see Practice Note: Latent defects regarding patent and latent defects). Most tenants will require that they are allowed to participate in the pre-practical completion inspections and that they are able to make representations if they disagree that practical completion should be awarded. For more information on practical completion in the context of agreements for lease see Practice Note: Agreements for lease for construction lawyers—practical completion.
Many defects, however, only appear following completion of the construction works, hence most building
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The Public Private Partnership (PPP) models are a popular way for governments to involve private investment, expertise and risk in procuring infrastructure, with the potential to deliver a project more efficiently and economically. One of the most popular PPP models for procuring infrastructure
What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see Practice Note: Injunctions—guiding principles. However, an injunction may be sought before a party's rights have been infringed on the basis that they
Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes to prevent the legal owner from unconscionably denying the beneficial interest of another (known as the institutional constructive trust)•the
There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their obligations to each other under that agreement and, in effect, recreate it, with the third party stepping into the shoes of one of the original parties. This is
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